BILL NUMBER: SB 132	CHAPTERED  07/12/99

	CHAPTER   82
	FILED WITH SECRETARY OF STATE   JULY 12, 1999
	APPROVED BY GOVERNOR   JULY 12, 1999
	PASSED THE SENATE   JULY 8, 1999
	PASSED THE ASSEMBLY   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN ASSEMBLY   JUNE 8, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Brulte

                        DECEMBER 23, 1998

   An act to amend Section 74265 of, and to add Section 74265.5 to,
the Education Code, relating to community college districts, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 132, Brulte.  Community college districts.
   (1) Existing law provides that a proposal to form a new community
college district from that portion of an existing community college
district that has not less than 6,500 and not more than 7,000
full-time equivalent students and that contains an existing community
college campus, which is located in a county other than the county
in which the headquarters of the existing community college district
is located, which is 50 or more miles from any other campus in the
existing community college district, and which has not less than
1,200 and not more than 1,500 full-time equivalent students in the
1997-98 fiscal year, shall become final upon the approval of the
board of governors, without the approval of the voters at an
election, in accordance with a prescribed procedure.
   This bill would authorize a community college district formed
under these provisions to contract with another district for the
performance of services.  The bill would specify procedures for the
disposition of funds authorized for, appropriated to, or apportioned
to, a community college district formed under these provisions.
   The bill would impose a state-mandated local program by requiring
the existing community college district and a new community college
district established under these provisions to enter into an
agreement providing for specified matters relating to the formation
of a new community college district.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares that, as the
portion of the Desert Community College District containing the
Copper Mountain Center is in a different county from, and is located
50 miles or more from, any other campus in the district and had,
during the 1997-98 fiscal year, a full-time equivalent enrollment of
not less than 1,200 and not more than 1,500 students, that portion
should be formed into a new community college district pursuant to
Section 74265 of the Education Code and that formation should be
expedited.
  SEC. 2.  Section 74265 of the Education Code is amended to read:
   74265.  (a) (1) Notwithstanding any other provision of this part,
an action to form a new community college district from a portion of
an existing community college district shall be deemed to be approved
as provided by law, for purposes of Section 74250, without election,
when approval of that action is given by the Board of Governors of
the California Community Colleges pursuant to Section 74205, provided
that the proposed new district consists of an existing community
college center and its service area, and all of the following
conditions exist:
   (A) The existing community college center in the proposed new
district is located in a county other than the county in which the
headquarters of the existing community college district is located.
   (B) The community college center in the proposed new district is
located 50 or more miles from any other campus or center in the
existing community college district.
   (C) The existing community college district has a total full-time
equivalent enrollment in the 1997-98 fiscal year of not less than
6,500 students and not more than 7,000 students, and the existing
community college center, which would become the community college
campus in the proposed new district, has a full-time equivalent
enrollment in the 1997-98 fiscal year of not less than 1,200 students
and not more than 1,500 students.
   (2) The Board of Governors of the California Community Colleges
shall take action as provided in this subdivision at the first
regularly scheduled meeting or special meeting after the operative
date of the act that adds Section 74265.5.  A new community college
district formed pursuant to this section shall be formed as soon as
practicable on or after July 1 of the calendar year in which the act
that adds Section 74265.5 becomes operative.
   (b) The action to form a new community college district, as
described in subdivision (a), shall be submitted for voter approval
at an election that shall be called by the county superintendent of
schools of the county in which the proposed new community college
district is located upon the formation of a new community college
district pursuant to subdivision (a).  The election shall be called
in the manner prescribed in Part 4 (commencing with Section 5000),
and shall be conducted at the next available regular election
scheduled in the territory of the new community college district
defined in the approved proposal according to the procedures
prescribed by Sections 35757 to 35764, inclusive.  In the event that,
pursuant to that election, the voters fail to approve that action,
the new community college district formed pursuant to subdivision (a)
shall be deemed to be thereupon annexed as a center by the community
college district from which it was formed.
   (c) The election of the first governing board of the community
college district formed pursuant to subdivision (a) shall be called
and conducted together with the election provided for under
subdivision (b).
   (d) Notwithstanding any other provision of law, the requirements
set forth in Article 3 (commencing with Section 74150) of Chapter 2
do not apply to the action to form a new community college district
described in subdivision (a).  It is the intent of the Legislature
that the formation of a district pursuant to this section not
adversely affect the state funding of community college districts in
subsequent fiscal years.
   (e) Upon the formation of a new community college district
pursuant to this section, the county superintendent of schools for
the county in which the new district is situated shall appoint an
interim governing board for the new district pursuant to application
and selection procedures established by the county superintendent.
There shall be five at-large appointees, and these appointees shall
constitute the governing board of the new community college district
until the members of the governing board elected pursuant to
subdivision (c) take office or, in the event that the voters fail to
approve the action of forming the new community college district,
until the new community college district is annexed, pursuant to
subdivision (b), by the community college district from which it was
formed.
   (f) After the effective date of the formation of the new community
college district pursuant to this section, one district may contract
with the other district for the performance of services under terms
and conditions that may be agreed upon by the two districts.
   (g) (1) Notwithstanding any other provision of law, after the
effective date of the formation of a new community college district
pursuant to this section, the new community college district shall
receive all state funding to which a district of its enrollment with
fully accredited programs of instruction would be entitled.  Funds
authorized, appropriated, or apportioned for distribution to the new
community college district, regardless of source, and regardless of
whether those funds are presently being handled by the county office
of education in which the existing district is headquartered, shall
be transferred to, directed to, and channeled through, the county
office of education for the county in which the new district is
located.
   (2) Notwithstanding any other provision of law, the property tax
properly attributable to the territory of the new district shall also
be transferred to the county office of education for the county in
which the new district is located as of July 1 of the calendar year
in which the transfer becomes effective.
   (h) When procedures implemented pursuant to this section require
notice to affected county agencies, and if the territory of the new
and old districts is located in more than two counties, then these
notices are required to be provided only to the two counties
containing the largest parcels of territory comprising the old and
new community college districts.
  SEC. 3.  Section 74265.5 is added to the Education Code, to read:
   74265.5.  (a) Except as otherwise provided in this section, the
disposition of records, funds, property, and obligations when a
community college district is formed as specified in Section 74265
shall be governed by Article 3 (commencing with Section 74280) and by
any applicable regulations adopted by the Board of Governors of the
California Community Colleges.
   (b) The existing community college district and a new community
college district established pursuant to Section 74265 shall enter
into an agreement providing for matters relating to the formation of
a new community college district.  Those matters to be included in
the agreement include, but are not limited to, all of the following:

   (1) Assignment of existing academic employees and classified
employees.
   (2) Division and disposition of all interests in property,
buildings, fixtures, and leases thereon, including, but not
necessarily limited to, any agreement entered into pursuant to
Chapter 2 (commencing with Section 81300) of Part 49.
   (3) Facilities and equipment, including, but not limited to,
existing obligations for the acquisition, procurement, or maintenance
of electronic systems, materials, goods, and services.
   (4) Division and transfer of funds and obligations, other than
bonded indebtedness, affected by the formation of the proposed new
community college district.
   (5) Transfer of all records required to be maintained by a
community college district, including student records maintained in
accordance with Chapter 1.5 (commencing with Section 76200) of Part
47.
   (6) Division and transfer of all existing and potential rights,
obligations, and liabilities, whether at law or in equity.
   (c) The agreement to be entered into pursuant to this section
shall expressly provide that the proposed new community college
district shall successfully complete accreditation as required by law
on or before a date to be specified in the agreement.  Nothing in
this subdivision shall require the existing community college
district to sustain accreditation for the proposed new community
college district after the date specified in the agreement for the
proposed new community college district to complete accreditation.
   (d) The agreement to be entered into pursuant to this section
shall specify that funds derived from the sale of bonds issued by the
existing community college district shall be used for the
acquisition, construction, or improvement of college property only in
the territory comprising the existing community college district
after formation of the proposed new community college district or to
discharge the bonded indebtedness of the existing community college
district, except that, if the bonded indebtedness is assumed by the
proposed new community college district, the funds may be used in any
area of the new district for the purposes for which the bonds were
originally voted.
   (e) For purposes of this section, the interim board of governors
appointed by the county superintendent of schools shall be deemed
authorized at all times to execute the agreement provided for by this
section on behalf of the proposed new community college district
until the members of the first elected governing board of the new
community college district take office in accordance with Section
74265.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure an orderly transition for a new community
college district formed pursuant to Section 74265 of the Education
Code, and to ensure the continuous provision of services to affected
community college students as required by law, it is necessary that
this act take effect immediately.
